All employers must use E-Verify for new employees or request newly hired employee provide a valid state issued driver license or photo ID card (licensure requirements must equal TN’s). Other documents such as U.S. birth certificate, passport or other government issued document demonstrating work authorization are acceptable. Employment verification provisions will be phased in for employers as follows:

All state and local government agencies: no later than January 1, 2012

All private employers with 500 or more employees: no later than January 1, 2012

All private employers with 200 to 499 employees: no later than July 1, 2012

All private employers with 6 to 199 employees: no later than January 1, 2013

Penalties for Non-Compliance

Violating employers will be assessed $500 for the first violation, $1,000 for a second violation and $2,500 for a third or subsequent violation.

In addition, first-time offenders will also be assessed an additional $500 for each employee or non-employee not verified through E-Verify or for whom an identity / employment authorization document was not requested. For second and third violations, employers will be fined an additional $1,000 or $2,500, respectively, for each employee or non-employee.

Employer failing to submit evidence of compliance within 60 days of a final order will have its business license suspended until the violation is cured.